Muhammed Abdul Wadood vs Sasidharan Nambissan
2024 Latest Caselaw 11029 Ker

Kerala High Court

Muhammed Abdul Wadood vs Sasidharan Nambissan on 12 April, 2024

Author: P.Somarajan

Bench: P.Somarajan

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MR. JUSTICE P.SOMARAJAN
     FRIDAY, THE 12th DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
                     CRL.REV.PET NO. 379 OF 2024
AGAINST THE JUDGMENT DATED 24.04.2023 IN CRA NO.546 OF 2019 OF
ADDITIONAL    DISTRICT   COURT   KOZHIKODE-III      ARISING     OUT   OF   THE
JUDGMENT   DATED   25.11.2019    IN   CC   NO.336   OF   2018   OF    JUDICIAL
MAGISTRATE OF FIRST CLASS -I, KOZHIKODE
REVISION PETITIONER/APPELLANT/ACCUSED:

             MUHAMMED ABDUL WADOOD, AGED 53 YEARS,
             PROPRIETOR, CELLULOID CINEMAS, S/o MOHAMMED NIZAR,
             H.NO.54/456, PARAMBATHU THAZHAM, WEST HILL P O,
             KOZHIKODE, PIN - 673005

             BY ADVS. DILISH JOHN
                      RESHMA MOHAN
                      AMBADI KANNAN


RESPONDENTS/COMPLAINANT/STATE:

    1        SASIDHARAN NAMBISSAN, AGED 61 YEARS,
             S/o P SANKARANKUTTY, PUSHPA VIHAR 1/4254,
             PEOPLES ROAD, WEST HILL P O, KOZHIKODE, PIN - 673005

    2        STATE OF KERALA,
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, PIN - 682031

             R2 BY SR PUBLIC PROSECUTOR SRI C N PRABHAKARAN
             R1 BY ADV SRI SHARAN SHAHEIR




     THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 12.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.R.P.No.379 of 2024                      2




                                         ORDER

This criminal revision petition is against the

concurrent judgment of conviction rendered by the trial

court and stood confirmed by the first appellate court

for the offence punishable under Section 138 of the

Negotiable Instruments Act. It is fairly submitted by

the learned counsel for the petitioner that there is no

sufficient reason to interfere with the judgment of

conviction rendered by the trial court and stood

confirmed by the first appellate court. But the

sentence awarded is too exorbitant and it is not

expected to impose a sentence of imprisonment for a

period of one year, especially pertaining to the

offence punishable under Section 138 of the Negotiable

Instruments Act, a deemed offence statutorily created.

The cheque amount comes to Rs.52,00,000/-. As such, the

substantive sentence ordered by the trial court

directing simple imprisonment for one year will stand

set aside by confining the sentence to a fine amount of

Rs.52,00,000/-, the amount covered by the cheque in

issue, in default to undergo simple imprisonment for

six months. Three months time is granted to the

petitioner to pay the fine amount or the receive the

default sentence. Till that time, no coercive steps

shall be taken.

The Criminal Revision Petition will stand allowed

accordingly.

Sd/-

P.SOMARAJAN

JUDGE

DMR/-